Claimable Variations Under The Victorian Security Of Payment Legislation

A recent decision of the Victorian County Court sends a reminder to those providing construction work and related goods and services in Victoria that, in certain circumstances, disputed variation claims can still be properly claimed under the Victorian security of payment legislation (BCISOP Act) including in respect of construction contracts entered into after 30 March 2007.

Excluded Amounts

For construction contracts entered into after 30 March 2007, the BCISOP Act provides that certain disputed claims constitute "excluded amounts" and those amounts are not able to be prosecuted under the BCISOP Act.  Disputed variation claims are not excluded amounts if they fall within the definition of either first or second class variations.